The Effective Date for this Privacy Policy is: December 17, 2009 (latest update).

Agreement Between User & Vis-à-Vis Cosmetics:

Vis-à-Vis Cosmetics, its affiliates, partners and authorized third parties operate and manage our website located at www.visaviscosmetics.com, which is used for selling our products or services and may offer special promotions and events, and conduct surveys for feedback. This website is made available to you contingent on your consent that you acknowledge and accept, without any modifications, to our terms, conditions, policies, procedures or notices contained within our website and emails. When you visit, access or use our website, emails or services at any time and in any capacity, without limitations or qualifications, you are in agreement to acknowledging and accepting all such terms, conditions, policies and procedures, and you are hereby bound by our Terms & Conditions, our Privacy Policy, our Customer Care policies, or any of our other policies contained in our website or emails. Your consent and agreement absolutely waives Vis-à-Vis Cosmetics, its affiliates, partners or licensors, from all liability, within applicable laws, from any damages or losses incurred while accessing, using or relying on any content contained within our website, emails or services. Additionally, we may provide links to other websites that operate independently of Vis-à-Vis Cosmetics, its affiliates or partners, which shall be governed by their own Privacy Policy and Terms & Conditions. Customers who link to other websites from our website at www.visaviscosmetics.com, or link to other websites from our emails, are entering these websites at their own risk. You are responsible for reviewing all terms, conditions, policies, procedures and notices at each visit for all websites you use or access.

PLEASE CAREFULLY READ ALL OF OUR TERMS & CONDITIONS, OUR PRIVACY POLICY AND OUR CUSTOMER CARE POLICIES BEFORE USING THIS WEBSITE. By visiting, accessing, or using our website at www.visaviscosmetics.com, content, emails, services or products at any time and in any capacity, you hereby consent to acknowledging that you have read, understand and accept all of our terms, conditions, policies, procedures and notices, which includes, but is not limited to, our Terms & Conditions, Privacy Policy, and our Customer Care policies contained within our website and emails, and you absolutely waive Vis-à-Vis Cosmetics, its affiliates or partners from all liability from any damages or losses you incur from relying on any of our website content, emails, services or products. If you do not consent to such terms, conditions, policies, procedures or notices, you are not authorized to use our website or services in any capacity.

Please review our Privacy Policy and Customer Care policies for additional information pertaining to our policies and procedures.

Vis-à-Vis Cosmetics values our customer relationships and we respect our customers’ privacy.

Modification or Termination of Our Terms & Conditions:

All Vis-à-Vis Cosmetics products or services that you purchase or receive are strictly for personal, non-commercial use and you are not authorized to sell or resell any such products or services at any time.

By purchasing, receiving or using any Vis-à-Vis Cosmetics products, services or our website, you consent that:

- You have read, understand, acknowledge and accept our Terms & Conditions, our Privacy Policy, and our Customer Care policies; and
- You authorize us to share any personal information you have provided us with any third parties we retain in order to process your transaction, protect against fraudulent activity, to ship your order, or for marketing purposes.

We reserve the right, with or without notice and at our sole discretion, to cancel, refuse or modify any orders or services that we deem is in violation or non-compliant of our Terms & Conditions, our Privacy Policy, or our Customer Care policies.

Please refer to our Customer Care policies for additional information about purchasing or shipping our products or using our services.

Our Privacy Policy & Customer Care Policies:

Please review our Privacy Policy and Customer Care policies for additional information about purchasing or receiving our products or using our services.

Purchase Policy & Use of Our Products or Services:

All Vis-à-Vis Cosmetics products or services that you purchase or receive are strictly for personal, non-commercial use and you are not authorized to sell or resell any such products or services at any time.

By purchasing, receiving or using any Vis-à-Vis Cosmetics products, services or our website, you consent that:
- You have read, understand, acknowledge and accept our Terms & Conditions, our Privacy Policy, and our Customer Care policies; and
- You authorize us to share any personal information you have provided us with any third parties we retain in order to process your transaction, protect against fraudulent activity, to ship your order, or for marketing purposes.

We reserve the right, with or without notice and at our sole discretion, to cancel, refuse or modify any orders or services that we deem is in violation or non-compliant of our Terms & Conditions, our Privacy Policy, or our Customer Care policies.

Please refer to our Customer Care policies for additional information about purchasing or shipping our products or using our services.

Use & Limitations of Intellectual Property, Trademarks & Copyrights:

Vis-a-Vis? Cosmetics is a registered trademark that is protected by U.S. and international trademark and copyright laws. All content and information contained within our website and emails including, but not limited to, trademarks, copyrights, logos, text, graphics, images, audio, data, software, or arrangement of content, is the intellectual property of Identity Cosmetics, LLC and its affiliates or partners, and is protected by applicable U.S. and international trademark and copyright laws. (Copyright © 2008 Vis-à-Vis Cosmetics. All Rights Reserved.)

Vis-à-Vis Cosmetics, its affiliates, partners and authorized third parties operate and manage the content and services contained within our website at www.visaviscosmetics.com, and our emails or any of our other communications. Our website is for personal, non-commercial use and you are not authorized to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, or sell any information, products or services contained within our website or emails. We may allow you limited, revocable permission to reproduce parts of our website or email content if we approve and provide you with our prior written permission once we receive your written request. Please submit your written request to Customer Care and allow approximately 30 business days for us to respond. Any unauthorized or unapproved reproduction of any part of our website content or emails is strictly prohibited and is subject to all applicable laws.

If you require a hyperlink to our home page at www.visaviscosmetics.com, we may grant you limited, revocable permission to create this link if we approve and provide you with our prior written permission once we receive your written request. Please submit your written request to Customer Care and allow approximately 30 business days for us to respond. We may, at our sole discretion, request that you remove or cease any links or linking to our website or services, which you are obligated to immediately discontinue unless we expressly authorize you in writing to resume such links or linking.

Our approval for creating a hyperlink to our website or services will primarily be based on the following requirements:

- You can only link to our website homepage and no other pages of our website.
- Our website cannot be linked to any competitors, or used to endorse any services or products.
- Link cannot be portrayed in any derogatory manner or misrepresent its relationship with Vis-à-Vis Cosmetics, its affiliates, partners or licensors.
- Link cannot contain, or be connected with any obscene, offensive, controversial, derogatory, or illegal content or services for any age.

We reserve the right, at our sole discretion, to revoke our written permissions, at any time and for any reason, if we deem any usage, reproduction or links to our website, emails or services is unauthorized or non-compliant, and we shall demand immediate termination of such usage, reproduction or linking. Any unauthorized or unapproved reproduction of any part of our website content or emails, or linking to any part our website is strictly prohibited and is subject to all applicable laws.

If you have any concerns regarding any trademark or copyright infringement, or if you would like to submit your written request for permission to reproduce any part of our website content, or to create a link to our homepage, please contact Customer Care and allow approximately 30 business days for us to respond.

Third Party Links:

For your added convenience, our website, emails or services may contain links to or from other websites owned or operated by third parties, therefore you access and use these websites at your own risk. We are not responsible or liable in any way, without limitations, to examining, evaluating, or guaranteeing any offerings, products or services for any third party websites or content associated with, or linked to or from, our website, emails or services. Such links are not an endorsement by Vis-à-Vis Cosmetics, its affiliates, partners or licensors. We will not assume any responsibility or liability for any damages or losses incurred from your accessing or using any such third party links or websites. You are responsible for carefully reviewing all Terms & Conditions, Privacy Policies or any other policies each time you visit any third party websites or emails.

Your Online Account:

Our customers have an option to register and create an account that stores billing information for added convenience, or customers can place orders through our Express Checkout, which does not require creating or logging into an account. For security purposes, billing information will only be stored if you register and create an account. All orders going through our Express Checkout will not have billing information stored on file.

In order to register and create a Vis-à-Vis Cosmetics account, you must be over 13 years of age. All registered customers, who must be over the age of 13, are required to have a valid email account, which will serve as your user name to log into your account. You are required to create and manage your password to protect your account and your password must be a minimum of 8 characters and contain one upper case alpha character and one numeric character (i.e. temPorary1). To retrieve forgotten passwords, please click on “My Account” then click on “Forgotten Password Recovery” link.

You are responsible for maintaining confidentiality and restricting access to your account, username and password, and you are also responsible for keeping all of your information current, accurate and complete. You consent to accepting the responsibility for all activities that occur under your account, username and/or password, and you confirm that all information you provide to create such account, password or username is accurate, complete and current. By accessing or using our website on someone else’s behalf, you represent that you have authority to bind that person as the principal to all of our Terms & Conditions, our Privacy Policy, our Customer Care policies, or any of our other policies contained within our website and emails. If you do not have the authority to access or use our website on someone else’s behalf, you agree to be bound to all of our Terms & Conditions, our Privacy Policy, our Customer Care policies, or any of our other policies contained within our website and emails and you accept full responsibility and liability for any harm caused by any wrongful, negligent, or unauthorized access or use of our website, content, emails or our services.

We reserve the right, at our sole discretion, with or without notice at any time to cancel, refuse or modify any orders, services or customer accounts that we deem is in violation of our Terms & Conditions, our Privacy Policy, or our Customer Care policies.

Your Obligations & Responsibilities:

By accessing or using our website at www.visaviscosmetics.com, emails, or purchase or receive any of our products or services, you are obligated to comply with our Terms & Conditions, our Privacy Policy, our Customer Care policies, or any notices, special instructions or warnings regarding such access or use. You are not authorized to:

- alter or modify our website content, emails, services or products;
- impair the integrity in any way of our website operation or the data we collect;
- harass or disparage Vis-à-Vis Cosmetics and its affiliates, partners or licensors in any manner; or
- direct any spam or solicitation emails to Vis-à-Vis Cosmetics, its affiliates, partners or licensors.

You are obligated to act in accordance with all applicable laws or customs without limiting the generality of any provisions in our Terms & Conditions, our Privacy Policy, our Customer Care policies, or any of our other policies or procedures contained within our website or emails. If you willfully or involuntarily violate, neglect or compromise your obligations set forth in our Terms & Conditions, Privacy Policy, Customer Care policies, or any of our other policies or procedures contained within our website or emails, you shall be held responsible and liable for all losses and damages caused to Vis-à-Vis Cosmetics, its affiliates or partners.

Accuracy of Information & Disclaimer:

Vis-à-Vis Cosmetics strives to provide our customers with accurate information within our website, emails or services. However, Vis-à-Vis Cosmetics makes no warranties or representations about the completeness of our website, emails or services, or for any third party websites. We cannot guarantee that our website or email content, our services, our product colors, descriptions or pricing, or any third party websites or emails are current, accurate, complete or reliable, and they may contain omissions, errors or inaccuracies. Therefore, we reserve the right to make any necessary corrections or updates, or modify, cancel or refuse any orders or services, at any time and without prior notice to you.

DISCLAIMER: VIS-À-VIS COSMETICS’ PRODUCTS, SERVICES, OR CONTENTS CONTAINED WITHIN OUR WEBSITE AT WWW.VISAVISCOSMETICS.COM, INCLUDING BUT NOT LIMITED TO, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY TYPE, WHETHER IMPLIED OR EXPRESS. TO THE FULLEST EXTENT, PERMISSABLE BY APPLICABLE LAWS, VIS-À-VIS COSMETICS, ITS AFFILIATES AND PARTNERS DISCLAIM ALL WARRANTIES, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM THE COURSE OF DEALING OR PERFORMANCE. VIS-À-VIS COSMETICS, ITS AFFILIATES AND PARTNERS DO NOT WARRANT OR REPRESENT THAT THE FUNCTIONS CONTAINED WITHIN OUR WEBSITE, CONTENT, EMAILS, PRODUCTS OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT ANY OF OUR WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIS-À-VIS COSMETICS, ITS AFFILIATES AND PARTNERS DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF OUR WEBSITE, CONTENT, EMAILS, SERVICES OR PRODUCTS IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, TIMLINESS OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Representations & Warranties / Limited Liability & Indemnification:

By accessing our website at www.visaviscosmetics.com, emails or services, you consent to acknowledging that you have read, understand and accept all of Vis-à-Vis Cosmetics’ Term & Conditions, Privacy Policy and Customer Care policies and you hereby agree to indemnify and hold harmless, Vis-à-Vis Cosmetics, its affiliates, partners, and licensors from ALL, but not limited to, the following:

- direct, indirect, punitive, incidental, exemplary, special or consequential losses, expenses, claims or damages whatsoever resulting from, but not limited to, any negligence, non-compliance or violation of our terms, conditions, policies, procedures, notices or disclosures or use of our website, services or products; and
- even if Vis-à-Vis Cosmetics has been previously advised of the possibility of any such damages, whether in action under contract or negligence arising out of the use, inability to use, or performance of our website, content, emails, services, or products.

These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because certain jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for incidental or consequential damages, the above limitations may not apply to you.

INDEMNIFICATION: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD VIS-À-VIS COSMETICS, ITS AFFILIATES AND PARTNERS HARMLESS FOR ANY LOSSES, EXPENSES, COSTS, CLAIMS , REASONABLE ATTORNEYS’ FEES, OR DAMAGES WHATSOEVER, RESULTING FROM ANY THIRD PARTY CLAIMS, ACTIONS, OR DEMANDS RESULTING FROM YOUR ACCESSING OR USING OUR WEBSITE, EMAILS, SERVICES OR PRODUCTS, OR FOR ANY BREACH OF OUR TERMS & CONDITIONS, PRIVACY POLICY OR OUR CUSTOMER CARE POLICIES, OR FOR ANY OTHER ACTION YOU TAKE THAT IMPOSES AN UNREASONABLE BURDEN OR LOAD ON OUR INFRASTRUCTURE. YOU SHALL ALSO PERMIT VIS-À-VIS COSMETICS TO PARTICIPATE IN ANY DEFENSE AND SHALL SEEK OUR WRITTEN CONSENT PRIOR TO ENTERING INTO ANY SETTLEMENT.

IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY LIABILITY FOR ANY DAMAGES, OUR MAXIMIUM TOTAL LIABIILTY SHALL NOT EXCEED $100.00. ADDITIONALLY, YOU ALSO AGREE THAT ANY CLAIMS OR ACTIONS ARISING FROM YOUR USING OR ACCESSING OUR WEBSITE, CONTENT, EMAILS, SERVICES OR PRODUCTS, OR FROM OUR TERMS & CONDITIONS, PRIVACY POLICY, OR OUR CUSTOMER CARE POLICIES, SUCH CLAIMS OR ACTIONS CANNOT BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF INCIDENCE OR ACTION RELATING TO SUCH CLAIM OR ACTION.

Applicable Laws, Disputes & Arbitration:

Your access or use of our website at www.visaviscosmetics.com, or our emails, services, or products shall be governed in all respects by the laws of the State of New York, and as if our Terms & Conditions, Privacy Policy and our Customer Care policies are a contract wholly entered into and wholly performed within New York. Your access or use shall be governed without regard to choice of law provisions, and not by the 1980 U.N. CISG. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of, or relating to your use and access to our website, content, emails, services or products, shall be in the state or federal courts located in Westchester County, New York. Any cause of action, claim or dispute you may have with respect to our website, content, emails, services or products must commence within one year after such claim, cause or dispute of action arises.

Vis-à-Vis Cosmetics’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Vis-à-Vis Cosmetics may assign its rights and duties under this agreement to any party at any time without notice to you. We make no representation that the content, services or products in our website or emails are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access our website or services from locations outside New York do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials or products in violation of U.S. export laws and regulations. Any claims relating to such materials shall be governed by the internal substantive laws of the State of New York.

Any disputes, claims or actions pertaining to our website content, emails, services or products shall be governed by the laws of New York, and as if our Terms & Conditions, Privacy Policy and Customer Care policies were contracts wholly entered and wholly performed within New York. By using or accessing our website, content, emails, services or products, you agree that Vis-à-Vis Cosmetics, at its sole discretion, may require you to confidentially submit any disputes arising from such use, or arising from or concerning the interpretation, violation, invalidity, nullity, non-performance or termination of our Terms & Conditions, Privacy Policy, or our Customer Care policies. You may also be required to confidentially submit your dispute about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of New York and the jurisdiction over and venue shall be in the state or federal courts located in Westchester County, New York. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrators shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

To the fullest extent permitted by applicable law, no arbitration under our Terms & Conditions shall be joined to arbitration involving any other party subject to such Terms & Conditions, whether through class arbitration proceedings or otherwise. Nothing contained in our Terms & Conditions shall be construed as creating any partnership, agency, or joint enterprise with anyone. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision be taken or held to be a waiver of the provision itself. In the event that any provision of our Terms & Conditions shall be invalid or unenforceable under any applicable laws or be held by any applicable arbitral award or court decision, such invalidity or unenforceability shall not render our Terms & Conditions invalid or unenforceable as a whole but our Terms & Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

Consent to Receive Notices:

Your hereby consent to acknowledging and accepting that you shall receive any of our agreements, notices, disclosures or any other communications referred to in our Terms & Conditions, Privacy Policy or Customer Care policies via electronically through, but not limited to, emails or postings and notices on our website at www.visaviscosmetics.com. Your consent to receive such electronic notices shall satisfy any legal requirements that we submit such communications in writing. If you want to withdraw your consent to receive such communications electronically, you must notify Customer Care in writing and immediately discontinue using or accessing our website or services. In such event, all rights granted to you pursuant to our Terms & Conditions, Privacy Policy or our Customer Care policies shall automatically terminate. Please note that your consent to receive such communications is completely separate from your choice to opt-in or opt-out of any of our marketing communications as set forth in our Privacy Policy.

Protection Against Fraud & Online Security:

Vis-à-Vis Cosmetics values our customer relationships and we understand and respect our customers’ privacy. We take careful measures to protect your privacy by instituting policies and procedures within our website at www.visaviscosmetics.com and we try to maintain a secure environment for our online customers. Please contact Customer Care should you have any questions or concerns relating to the security of our online services.

To protect our customers against fraudulent activity, Vis-à-Vis Cosmetics reserves the right to verify all payment details and refuse, cancel or modify at any time, any transactions, orders, sales, services, shipments or customer accounts based on suspected fraud or unauthorized activity, or for failure to comply with any of our terms, conditions, policies or procedures posted within our website or emails. By visiting, accessing or using our website at www.visaviscosmetics.com, emails, services or products at any time and in any capacity, without limitations or qualifications, you are bound by, and are acknowledging and consenting to all, without limitations, of our Terms & Conditions, Privacy Policy and Customer Care policies. By acknowledging and accepting our Terms & Conditions, Privacy Policy, our Customer Care policies, or our other policies or procedures, you absolutely waive Vis-à-Vis Cosmetics, its affiliates or partners from all liability, within applicable laws, from any damages or losses incurred while accessing, using or relying on any content or services within our website or emails. Please also review our Terms & Conditions and Customer Care policies for additional information.

Submissions, Comments & Contacting Customer Care:

All suggestions or ideas, inquiries, feedback, or other information you provide us will be treated, in part or as a whole, as non-proprietary and non-confidential information. Your submission serves as consent and grants us nonexclusive, royalty-free, transferable, irrevocable rights to use, reproduce, modify, publish, sell, adapt, assign translate, or create derivative works in any form and to distribute and display any such information in any form. Your submission also serves as your consent and acknowledgement that the information you submit cannot be returned at any time.

Please contact Customer Care if you have any questions or feedback regarding our Terms & Conditions, our Privacy Policy, our Customer Care policies, or our products or services offered on our website. We are committed to working with you to obtain a fair resolution of any complaint or concern about our policies.

Vis-à-Vis Cosmetics Customer Care

115 Jane Street
Hartsdale, NY 10530 USA

Business Hours: Monday-Friday (excluding holidays) 10:00am-4:00pm EST

Email: service@visaviscosmetics.com (We will respond to your email within approximately 2 business days)

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Copyright © 2008 Vis-à-Vis Cosmetics. All rights reserved.